Giroux Bros. Transportation, Inc. v. New England Teamsters & Trucking Industry Pension, 73 F.3d 1 (1st. Cir. 1996) -- Pursuant to an industry-wide collective bargaining agreement, Giroux contributed to a multi-employer pension fund for several years. It decided to stop with the last executed agreement expired in 1981. It continued to make employee contributions until early 1994. When the Fund demanded payments, Giroux claimed it was under no obligation (no agreement) to continue contributions. The Fund, therefore assessed and demanded payment of withdrawal liability from Giroux as of Sept. 30, 1981. Giroux brought this action seeking a declaration of non-liability. It claims the Fund's demand for payment is barred by MPPAA's statute of limitations. Under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), an employer withdrawing from such a plan is liable for its proportionate share of the plan's unfunded vested benefits. 29 U.S.C. § 1451 provides that a cause of action must be brought within (1) 6 years after the date on which the cause of action arose, or (2) 3 years after the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action; except that in the case of fraud or concealment, such action may be brought not later than 6 years after the date of discovery of the existence of such cause of action. Although the First Circuit disagreed with the Fund's claims that statute of limitations defense is inapplicable since the Fund did not bring this action, it did not apply § 1451. It held the principal question raised by Giroux's action, whether the Fund timely made its demand, is explicitly governed by § 1399, which provides: "As soon as practicable after an employer's complete or partial withdrawal, the plan sponsor shall-- (A) notify the employer of (i) the amount of the liability, and (ii) the schedule for liability payments, and (B) demand payment in accordance with the schedule. 29 U.S.C. § 1399(b)(1). Case must be resolved by arbitration pursuant to agreement.